Permission granted for another Judicial Review of the Gary McKinnon extradition case

| 17 Comments

The Daily Telegraph reports:

Gary McKinnon wins judicial review of extradition decision

A High Court judge will rule on whether Alan Johnson was wrong to allow the extradition of computer hacker Gary McKinnon after his lawyers were granted permission for judicial review.

Published: 4:18PM GMT 13 Jan 2010

Mr McKinnon's lawyer, Karen Todner, said she was ''delighted'' by the decision. A hearing is likely to take place in April or May with a judge to rule on whether the Home Secretary was right to decide that sending him to the US for trial would not breach his human rights.

[...]

She said in a statement: ''I am delighted that the High Court has agreed to grant permission for the judicial review of Alan Johnson's decision to extradite Gary McKinnon.

''However, that is countered by the very poor mental state of Mr McKinnon due to the ongoing pressure of these proceedings.

''I would urge Mr Johnson to review his decision and I appeal to President Obama to withdraw the application for extradition. Mr McKinnon's suffering has gone on long enough.''

[...]

Since Judgments may take several weeks or months to be published, the outcome of this Judicial Review is very likely to be after the forthcoming General Election, and over 8 years since Gary was first arrested.

We hope that you will all ask your election candidates to publicly state exactly what they would do with the Gary McKinnon case, or with future extradition cases to the USA which could be tried here in the UK, if they became Home Secretary after the next election, and then to vote accordingly.


17 Comments

Hoooooorrrrraaaaaaaaaaaaaaaaay !

Gary should be sent to the states for trial. To have the lame excuse that he was looking for UFO's doesn't hold water. If I break into a house and get accused of trying to rob the place, but comment that I wasn't robbing it, I was vandalising it, at the end of the day I have still broken into the house.

People like Gary need to learn that every action has a consequence. The feeble excuse about gary's mental state doesn't wash. A crime is a crime.

About time ,maybe the Home secretary can now go for surgery to have a backbone implant

You are wrong in principal and in law. The argument that Gary’s campaigners are putting forward is not that Gary should not be held accountable for his actions but that he should be held accountable for his actions in the jurisdiction in which he committed them. Since he committed these actions on a computer in his bedroom at his mother’s house – which is in the U.K. then he should he held accountable in the U.K. The reason why the U>S. authorities are so keen to have them face their justice is because they want their intelligence people to interrogate him completely free of any British involvement. It is a sad and despicable situation that our politicians are so spineless to yield to every demand the U.S. makes. As for mental state being a feeble excuse this is simply not the case. The courts routinely will take a person’s mental state into account not only in sentencing but also in reaching the verdict as to wither they are guilty or innocent.

It seems that you are one of these harsh hang ‘em and flog ‘em people. O.K. then. I put this challenge to you: My late father once told me that an [British Army] officer may have to be hard on his men, but if so he will have to be two or three times harder on himself. That is called leadership. If you demand a man runs one mile make sure you are prepared to run two. Therefore how about this ? There is an excellent charity called victim support. There are organisations that organise sponsored charity jumps. If you think you are man enough how about doing a jump for Victims Support?

@ Whatever - you seem to be a bit confused about trans-national, internet enabled alleged crimes, which do not fit the old physical location based laws. Your straw man scenario is physically impossible across the Atlantic ocean.

a crime is a crime

So, presumably, you should have no objection to Gary being tried for the alleged offences here in the United Kingdom, where he was physically and where he was arrested, under the Computer Misuse Act 1990, which covers alleged offences anywhere in the world ?

That Gary is tried under the Computer Misuse Act 1990 is precisely what should happen. So far as the trans national aspects are concerned this is as old as civilisation itself – we make the mistake of assuming that new technology always makes completely new scenarios – which his not the case. Consider the following hypothetical scenario which could have happened throughout history:

A river separates two tribes. A member of one tribe hurls a spear across the river and injures a person. The injured person complains to his chief, who in turn demands that the chief of the tribe on the other bank punishes the spear thrower. The chief agrees and the spear thrower is punished.

Umm... Yeah, but the damage appears to be have been caused in the USA - this particulary incident was just twelve days after 9-11 - kinda strange actions for a UFO hunter:

"the Indictment charges that on Sept. 23, 2001, McKinnon again broke into the NWS (Naval Weapons Station) Earle computer network by accessing the previously-installed RemotelyAnywhere software and using the stolen passwords.


During this intrusion into the network, McKinnon allegedly caused approximately $290,431 in damage to NWS Earle by deleting computer files needed to power up some of the computers on the network, deleting computer logs that documented his intrusion into the network, and compromising the security of the network by leaving it vulnerable to him and other intruders via the RemotelyAnywhere software.""

Socrates - the UK Computer Misuse Act 1990 has been used in the past, to prosecute people for alleged illegal access or altering / deleting files on a computer in the USA (and in other countries), by people physically in the UK.

Therefore your point about the alleged damage having been done in the USA, still does not support extradition to the USA, rather than a fair trial here in the UK, which is what Gary and his supporters are asking for.

The allegations of the amount of financial damage have never been tested in any court.

They are just allegations, which are suspiciously at least $5000 per computer, which is not coincidentally the limit set by the US authorities, above which federal agencies can get involved in computer crime cases. Anything below that is supposedly handled by the local police.

$5000 is enough to have bought and installed several brand new properly secured and configured computer systems, even back in 2001 / 2002.
,
Proving "beyond reasonable doubt" that Gary and nobody else who had access to those insecure systems, caused any damage whatsoever is always going to be hard, in any proper court.

Well, 300 computers down at the Naval Weapons Station for a month - i. 1 week totally off-line. 3 weeks with reduced functionality - by my calculations this comes to about

$34.58 (£21.23) per day, per computer.

That doesn't seem too unreasonable - given the often incredible cost of Government IT services.

Anyway, it's all over. Gary (well, Gary's Mum) won the battle. And at some considerable cost to the reputation of people like myself with Asperger's Syndrome (AS) (Strangely neither I, nor the 600,000 others in the UK with AS, are compelled by it to hack repeatedly into military systems)

Gary's Victory is our loss.

Oh dear me Socrates. Gary has never said his Asperger's compelled him to do it. He has never used Asperger's as an excuse for his unauthorised access to the US computers.

And, as for :

"And at some considerable cost to the reputation of people like myself with Asperger's Syndrome ..."

Gary's case has done more to raise awareness for Asperger's and Autism than anything or person has in a long time. This comes straight from the head of NAS so you are entirely wrong on that count.

Gary's victory will be an insurance policy for continued awareness-raising of both Autism and AS, i am sure.

Nefertiti,

If you have a source for the NAS' Mark Lever's comments about Gary - I would be very grateful for the lead.

This was said in private to the family at the press conference in January, it has been repeated since.

FG, who runs this website, can confirm that i am a friend of the family and was at the press conference.

So it's not a case of an internet link but if you really want to know perhaps you could e-mail him yourself.

I am surprised this is the only point you respond to after your thoughtless post.

Nef,

Further responses are all on the New Republic blog,

see

"Autistic Hacker Slanders Us All"
"The strange case of Gary McKinnon"
"Autistic Hacker - Stoned, Again"
"Autism 2010 - A Look Forward"
"Jail Will Kill Stoned Hacker (Updated"
"McKinnon Up Sh t Creek Extradition Looms"
"Autistic Hacker (Stoned)"
"Autistic Hacker (Stoned) ii The £10,000 Letter"
"Autistic Hacker (Stoned) iii"

I wouldn't view the Spew Repulsick Blog if i got 50 quid for every click.

Soc.

You are obviously here to blow the wind of publicity in the direction of your narrow-minded blog. Go waste your time somewhere else.

Given the number of referrals from here, it appears not to be a waste of time.

i would not expect much from obama. prisoners with disabilities in america can go to special needs prisons. and people on death row and suffering from mental illness are still executed

Gary McKinnon is facing extradition to the USA under the controversial Extradition Act 2003, without any prima facie evidence or charges brought against him in a UK court. Try him here in the UK, under UK law.

Write in support of Gary

If you feel strongly enough that Gary McKinnon should not be extradited to the USA, but should be tried here in Britain, then there are various people you can write to.

Firstly you can write to us here at info@freegary.org.uk. We will pass your messages of support on to Gary, and publicise this support to the media and to the politicians.

You can post anonymously here on this blog, but please be polite. Alternatively you can send us emails, but if you want a reply and the latest news, then you need to use a valid email address.

You can write to your Member of Parliament via WriteToThem

If your Member of Parliament has not already done so, then please ask them to sign

Early Day Motion 2388 sponsored by David Burrowes MP

(Previously, EDM 241 sponnsored by the then Conservative MP and now Mayor of London, Boris Johnson, also gathered a large number of MP's signatures opposed to the unfair Extradition Act 2003 and the Extradition Treaty with the USA).

You can also write to David Blunkett Charles Clarke John Reid Jacqui Smith Alan Johnson Theresa May who is now the 6th Home Secretary who has had the responsibility for Gary McKinnon's extradition case:

You can send an email public.enquiries@ homeoffice.gsi.gov.uk or a letter to:

Home Secretary
Rt Hon. Theresa May MP
c/o Direct Communications Unit
Home Office
2 Marsham Street
London SW1P 4DF

Home Office Contact Us page

Write to US President Barack Obama

WhiteHouse.gov - the official website of the President of the Umited States of America, Barack Obama.

"President Obama is committed to creating the most open and accessible administration in American history. To send questions, comments, concerns, or well-wishes to the President or his staff, please use the form below:"

Contact the White House web message form.

Please use this form to remind them just how counterproductive, and damaging to US national interests, especially to their supposedly changed international reputation, putting Gary McKinnon on trial in the USA would be.

Extradition Watch

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Extradition Watch campaign to reform the Extradition Act 2003 by Liberty Human Rights .

You can download a PDF Paper Aeroplane and then photograph it, in support of Gary McKinnon

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Comments Policy

This blog operates a reasonably tolerant blog comments policy.

You are free to condemn Gary McKinnon's past stupidity, and to highlight the need for appropriate, proportionate criminal justice, all of which Gary accepts.

Please try to be polite (although you will not be banned simply for the odd expletive).

Do try to keep on topic

If you feel the need to publicise lots of URLs (especially without explanation), or lengthy articles, not directly related to Gary McKinnon's extradition case, then link to your own blog article, otherwise your comment will be filtered out as spam.

You would be very wise to read the small print of the Internet Acceptable Use Policy applied by your Internet Service Provider, company or educational institution etc. and refrain from threats or libel (including unsubstantiated allegations without any real evidence) or expressions of hatred etc. against Gary, his family or supporters, or even against groups people or organisations in the United States of America or the United Kingdom etc.

Recent Comments

  • andy: i would not expect much from obama. prisoners with disabilities read more
  • Socrates: Given the number of referrals from here, it appears not read more
  • Nefertiti: Soc. You are obviously here to blow the wind of read more
  • Nefertiti: I wouldn't view the Spew Repulsick Blog if i got read more
  • Socrates: Nef, Further responses are all on the New Republic blog, read more
  • Nefertiti: This was said in private to the family at the read more
  • Socrates: Nefertiti, If you have a source for the NAS' Mark read more
  • Nefertiti: Oh dear me Socrates. Gary has never said his Asperger's read more
  • Socrates: Well, 300 computers down at the Naval Weapons Station for read more
  • fg: Socrates - the UK Computer Misuse Act 1990 has read more
  • Socrates: Umm... Yeah, but the damage appears to be have been read more
  • Peter H. Rogers: That Gary is tried under the Computer Misuse Act 1990 read more
  • fg: @ Whatever - you seem to be a bit confused read more
  • Peter H. Rogers: You are wrong in principal and in law. The argument read more
  • John Thompson: About time ,maybe the Home secretary can now go for read more

Photos of Gary

Gary_McKinnon_150_min.jpg

Gary_McKinnon_Bow_Street_Magistrates_24_Nov_2005_600.jpg Gary McKinnon outside Bow Street Magistrates' Court, London, 24th November 2005

Bow_Street_Magistrates_Gary_McKinnon_24_Nov_2005_600.jpg Gary McKinnon outside Bow Street Magistrates' Court, London, 24th November 2005

Gary_McKinnon_Janis_Sharp_15Jan2009_150min.jpg Gary McKinnon and his mother Janis Sharp at the Doughty Street Chambers press conference 15 January 2009

Gary McKinnon and his mother Janis Sharp at the Doughty Street Chambers press conference 15 January 2009 (click the image for a larger version in a new window)

gary-janis-mayday_150.jpg Gary McKinnon and his mother Janis Sharp at the May Day Bank Holioday 2010 balloon release event event near the Houses of Parliament

Gary McKinnon and his mother Janis Sharp at the May Day Bank Holiday 2010 balloon release event event near the Houses of Parliament (click the image for a larger version in a new window)

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Gary McKinnon is facing extradition to the USA under the controversial Extradition Act 2003, <strong>without any prima facie evidence</strong> or charges brought against him in a UK court. Try him here in the UK, under UK law.

Gary McKinnon is facing extradition to the USA under the controversial Extradition Act 2003, without any prima facie evidence or charges brought against him in a UK court. Try him here in the UK, under UK law.

Thanks to Putfile.com for hosting one of these links locally on their servers. The over half a million hits this site took in 24 hours when they were linking directly, is welcome publicity, but was costing us a lot of bandwidth !

About this blog

This blog website is intended to support British citizen Gary McKinnon, who is facing "fast track" extradition to the USA (after over five six seven eight nine ten years since his initial arrest !). Gary was indicted by a US court in November 2002, accused of "hacking" into over 90 US Military computer systems from here in the UK. The unjust treatment of British citizens (and others) when facing the might of the US Military "justice" system, which practices detention without trial in Guantanamo Bay and elsewhere, and stands accused of making use of torture by allied regimes ("extraordinary rendition") is an ongoing scandal. It cannot be excused even by a "war on terror". It seems only just that Gary should face any charges in a British court, and to serve any sentence, if he is found guilty, in a British prison. N.B. With the good news that Gary will not now be extradited to the USA, this blog will continue to raise awareness of the issues raised by Gary's case and others who have suffered unjustly through the UK's one sided extradition arrangements with the USA and to a lesser extent, Europe.

Email Contact

Please feel free to email us your views about this blog, or news about the issues it tries to comment on:

info@freegary.org.uk

Download our PGP Public Encryption Key, if you want to make use of it to send us anything confidential.

N.B. Gary McKinnon was "not allowed to use any computer connected to the internet", as part of his bail conditions.

Is anyone more likely to have any email accounts he dared to use, monitored by the UK and US authorities ?

If you are a tv or radio or print journalist, or a freelance writer or documentary film maker, wanting to interview Gary, please include some full contact details and a contact phone number, and we will pass on your request to Gary's family.

Gary McKinnon offers Search Engine Optimisation

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Gary McKinnon is now offering low cost Search Engine Optimisation services

SmallSEO.co.uk

@Gary_SmallSEO

Follow Gary's mother on Twitter

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Gary McKinnon's mother, Janis Sharp is indefatigable in support of her son, and is now using Twitter to help to keep friends and supporters informed. You can follow her "tweets" at:

https://twitter.com/JanisSharp/

https://tweetstorm4gary.wordpress.com/ #TweetsStorm's in support of Gary Mckinnon.

Media Links and Videos

Links to media interviews and video clips about Gary McKinnon's extradition case, featuring Gary, his mother Janis Sharpe and other supporters, can be found at:

http://www.londontv.net/latestnews.htm

Petitions in support of Gary McKinnon and others

Several people have expressed interest in "signing a petition" in support of Gary's plight.

N.B. the anti-road pricing / snooping petition on the Number 10 Downing Street website achieved 1,791,942 signatures, but this was rubbished and ignored by the Labour Government under Tony Blair, so do not expect too much of what will inevitably be much smaller petitions in support of Gary McKinnon.

This PledgeBank Pledge (not quite the same as a traditional petition), resulted in lots of people actua;lly taking the time and trouble to write to the then Home Secretary John Reid - so many that the Home Office stopped sending back indfividual replies.

http://www.pledgebank.com/FreeGary

This Pledge closed on 8th June 2006, and attracted 745 pledge signatures.


People have petitoned the Prime Minister (Tony Blair):

http://petitions.pm.gov.uk/ GaryMcKinnon/

We the undersigned petition the Prime Minister to Stop the extradition to the US of accused hacker Gary McKinnon.

This petition closed on 27 August 2007 with 876 Signatures.


There is a petition on a web petitons site, which is open for signature:

Stop the extradition of Gary McKinnon to the United States

We the undersigned urge Gordon Brown and the UK Government to consider the evidence and if appropriate prosecute Gary McKinnon, an Asperger Syndrome sufferer, in UK courts rather than allow him to be extradited to the US for offences relating to accessing US Government computers in 2001.


There is another current No 10 Downing Street website Petition to the Prime Minister (Gordon Brown):

http://petitions.number10.gov.uk/US-extradition/

We the undersigned petition the Prime Minister to Scrap the US/UK extradition treaty


Another Petiton (August 2009): Sign up 4 Gary McKinnon:

We, the undersigned, call on the Prime Minster Of the UK and Alan Johnson and the UK Government, for Gary to be tried in the UK- FREE GARY.

Petition to Stop the Gary McKinnon extradition to the United States (November 24th 2009)

We the undersigned urge Gordon Brown and the UK Government to consider the evidence and if appropriate prosecute Gary McKinnon, an Asperger Syndrome sufferer, in UK courts rather than allow him to be extradited to the US for offences relating to accessing US Government computers in 2001.

Blog Links

Spy Blog - Privacy and Civil Liberties commentary and campaigns

Rat's Blog - The Reverend Rat comments on London street life and technology

Dr. K's blog - Hacker, Author, Musician, Philosopher

Legal Links

Kaim Todner - solicitors

November 2002 Grand Jury Indictment (.pdf)

November 2002 Grand Jury Indictment with all the "censored" IP addresses revealed by "cut and paste".

Virginia Indictment - November 2002 Department of Justice press release

New Jersey Indictment - November 2002 Department of Justice press release

New Jersey indictment - full text

Military Commission Order No. 1 (.pdf) - signed by President George W. Bush, March 21st 2002.

Extradition Act 2003

Computer Misuse Act 1990

Read the Foreign & Commonwealth Office official online  and printed copies of the unbalanced USA - UK Extradition Treaty - it even uses American English words and spellings e.g "offenses" and "authorize" ! Extradition Treaty between the UK and the United States of America with Exchange of Notes Presented to Parliament: June 2007 (.pdf)

Statewatch's analysis of the civil rights defects in the UK-US Extradition treaty

Oral Evidence on UK-US Extradition Treaty given to the House of Commons Select Committee on Home Affairs on 22nd November 2005 given by Senior District Judge Tim Workman; Ms Sally Ireland, Senior Legal Officer, JUSTICE; Andy Burnham MP, Parliamentary Under-Secretary of State, Home Office

International Extradition Blog - by McNabb Associates a law firm that specialises in international extradition cases.

The Appeal Court Judgement issued on 3rd April 2007 is now online via the BAILII database

The House of Lords Judgment - 30th July 2008:

McKinnon (Appellant) v Government of the United States of America (Respondents) and another

Gary McKinnon's statement to the Director of Public Prosecutions, January 2009, published by Computer Weekly: US took 39 months to demand McKinnon's extradition.

McKinnon v Secretary of State for the Home Department [2009] EWHC 170 (Admin) (23 January 2009) - Oral Hearing which allowed a Judicial review on the Asperger's Syndrome aspects of the case, to be held some time after 16th March 2009

Computer Weekly have published Crown Prosecution Service Review Note 3, which explains some of the reasons why the CPS found insufficient evidence to prosecute Gary in the UK, including some inadmissable hearsay, and doubts that some of the alleged computer foresnic evidence was up to the ACPO guidlines for ensuring an untampered chain of evidence, and doubts about the unproven amount of alleged financial damage being claimed.

The British and Irish Legal Information Institute have published the text of the two combined Judicial Review Judgments made against Gary McKinnon which were handed down on Friday 31st July 2009:

Lord Justice Stanley Burnton and Mr. Justice Wilkie's refusal to allow Gary McKinnon's case to be certified to go up to the Supreme Court on appeal,handed down on Friday 9th October 2009.

McKinnon, R (on the application of) v Secretary of State for Home Affairs [2009] EWHC 2449 (Admin) (09 October 2009) URL: http://www.bailii.org/ew/cases/EWHC/Admin/2009/2449.html Cite as: [2009] EWHC 2449 (Admin)

Other Links

London 2600 - open monthly meeting which discusses IT Security and Technology etc., from both sides of the fence.

Egypt 2600 - just like London 2600, but in Egypt, also interested in the Gary McKinnon's case.

School of the Americas Watch - information on the notorious "School of the Americas" renamed to the "Western Hemisphere Institute for Security Cooperation" in Fort Benning, Georgia.

The Disclosure Project serious research about possible UFOs

Wikipedia entry for Gary McKinnon - has links to several media interviews etc.

Scottish Human Rights website inspired by thinking about Gary McKinnon's case, and realising that similar things could so easily happen to you. The law in Scotland is somewhat different from the rest of the United Kingdom.

free_babar_ahmad.jpg
Free Babar Ahmad - another British (Muslim) IT worker, also facing extradition to the USA, also at risk of a Military Tribunal.

FriendsExtradited.org - campaign support for the Enron / NatWest 3 bankers - David Bermingham, Giles Darby and Gary Mulgrew facing extradition extradited to the USA for alleged crimes committed in the UK.

Stop the Extradition of Sean Garland - an Irish Republican politician arrested in Belfast, also facing extradition to the USA for alleged crimes committed in the UK or in Russia.

www.notoextradition.co.uk - petiton Labour MPs to support the amendments to the Extradition Act 2003 passed by the House of Lords to the Police and Justice Bill, when it comes before the House of Commons at Report Stage on the 9th and 10th of October 2006. About 50 Labour MPs are required, as all of the Conservatives, Liberal Democrats and most of the other minor Opposition parties are committed to support these amendments.

Howes Family Extradition Fight - amother extraordinary extradition case to the USA.

Financial appeal to sue the UK Government - Ross Hemsworth, an online radio presenter of paranormal and UFO investigations, is trying to taise £5000 to initiate legal proceedings, with the help of top human rights law firm Bindmans LLP, against the Home Secretary, to "challenge the government's refusal to review the unjust and one-sided extradition treaty with the USA."

www.garymckinnon.tk - support website for Gary McKinnon by Ed Johnson.

Gary the musician

Gary McKinnon is, amongst other things, a musician and songwriter.

You can download a couple of his songs from the low budget film Lunar Girl which was produced in 2001.

The video from this film of Only Fool, still available on YouTube, was very popular on MySpace, until it got censored.

How not to research a thesis on Gary McKinnon

This blog tries to be helpful to journalists, documenatry film makers, book researchers etc. who are researching the background of the Gary McKinnon extradition story.

For those academic thesis supervisors using search engines or academic plagiarism detection tools, here is an example of how not to "research" a thesis or dissertation about the Gary McKinnon extradition case.

See the comments by "Eye4Lies" in the comments on starting at House of Lords Judgment against Gary McKinnon now online and again at European Court of Human Rights to hear Gary McKinnon's application against extradition to the USA on 28th August 2008